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Terms and Conditions of Sale 

Terms and Conditions of Sale

Effective Date of the Terms: [24 May 2024]

 

1. Information about Abbott

The Purchase Channels (defined below) are owned and operated by Abbott Laboratories Limited (registered company number 329102) whose registered office is Abbott House, Vanwall Business Park, Vanwall Road, Maidenhead, Berkshire SL6 4XE (VAT no. GB 430 8670 56).

If you decide to purchase products through the Purchase Channels, you are purchasing products from Abbott Laboratories Limited and references to “Abbott” in these Terms shall be construed accordingly.

“Sensor” refers collectively to the FreeStyle Libre intermittently scanned Continuous Glucose Monitoring (‘Flash’) sensor and FreeStyle Libre real-time Continuous Glucose Monitoring sensor.

“FreeStyle Libre System” refers collectively to both the FreeStyle Libre intermittently scanned Continuous Glucose Monitoring (‘Flash’) system and FreeStyle Libre real-time Continuous Glucose Monitoring systems.

“Maximum wear period” refers to 15-day wear time with the FreeStyle Libre 2 Plus sensor and 14-day wear time with the FreeStyle Libre 2 sensor and the FreeStyle 3 sensor.

“Reader” refers to the FreeStyle Libre 2 Reader.

 

2. Terms and Conditions of Sale (“Terms”)

You can place orders for the purchase of the Abbott products either online through www.freestyle.abbott/uk-en, by calling Abbott Customer Careline on 0800 1701177 or through such other channels as Abbott may provide in the future ("Purchase Channels").

These Terms apply to the purchase of Abbott products ordered through all Purchase Channels. By using any of the Purchase Channels to purchase Abbott products you are indicating your acceptance to be bound by these Terms. These Terms form a legal contract for the purchase of the Abbott products and can only be amended with Abbott’s written consent. Any purchases that you make are subject to these Terms.

The Purchase Channels are for the sale of Abbott products to customers who are resident in the United Kingdom and the Isle of Man and who are aged 18 or over. If you are not resident in the United Kingdom or the Isle of Man, please

visit www.freestyle.abbott/uk-en where you will be directed to the Abbott website in your country (if any). Please note we cannot accept orders from the Channel Islands or Gibraltar.

A copy of these Terms will be provided to you when you receive confirmation of acceptance of your order as described below. You are advised to print a copy of these Terms for reference.

 

3. Other Applicable Terms

The following documents also apply to your purchase of Abbott products through the Purchase Channels.

(a)  Privacy Policy: this sets out how Abbott processes the personal data that is collected from you through the Purchase Channels or which you provide to us;

(b) Cookie Policy: this sets out information about the use of cookies on www.freestyle.abbott/uk-enand

(c)  Terms of Use: these set out your terms of use of www.freestyle.abbott/uk-en.

The Privacy Policy (www.freestyle.abbott/uk-en/legal/privacy-policy.html), Cookie Policy (www.freestyle.abbott/uk-en/legal/cookie-policy.html) and Terms of Use (www.freestyle.abbott/uk-en/legal/terms-and-conditions.html) contain important information which applies to all purchases made through the Purchase Channels:

 

4. Your Account

In order to purchase Sensors and/or Reader(s) through the Purchasing Channels an account must be created using an individual email address. Creation of an account will include verification of your identity and the information that you provide must be accurate and complete.

Your access to any of the Purchase Channels may be withdrawn at any time.

You are responsible for maintaining the confidentiality of passwords to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or using your password.

You should take necessary steps to ensure that your password and account details are kept confidential and secure and you should inform Abbott immediately if you have any reason to believe that your password has become known to anyone else or if the password is being, or is likely to be, used in an unauthorised manner.

 

5. Creating a Contract

·      If you are placing an order through www.freestyle.abbott/uk-en the technical steps required to create a contract between you and Abbott are as follows:

·      You place an order for your Abbott products on www.freestyle.abbott/uk-

en by pressing the “PRODUCTS” button. You will be guided through the process of placing an order by the instructions on www.freestyle.abbott/uk-en.

·      Please take the time to read and check the details entered at each stage of the order process.

·       If you are placing an order through the Abbott Customer Careline, the Abbott Customer Careline representative will talk you through the purchase procedure and will inform you that in order to complete the order you must make payment for the Abbott products.

·      After you place an order through the Purchase Channels, you will receive an email from Abbott acknowledging that your order has been received. Abbott’s acceptance of your order will take place when you receive an email that confirms that the Abbott products have been dispatched.

·      The contract between you and Abbott will only be formed when you receive the confirmation of dispatch of the Abbott products. The contract will continue in effect until the product warranty referred to in paragraph 22 (Abbott Product Warranty) expires, or, if you exercise your right to cancel (explained in paragraph 19 (Cancellation and Refunds) below), the contract will last until the products have been returned to Abbott in accordance with these Terms and Abbott has refunded you in accordance with these Terms. Your obligations under the contract will cease when the contract ends.

 

6. Amending These Terms

Without prejudice to your rights under applicable law, Abbott reserves the right to amend these Terms at any time and for any reason.

If Abbott amends the Terms, the most recent version of the Terms will be posted online and will then apply to the purchase of Abbott products through the Purchase Channels.

When these Terms are amended, Abbott will state that these Terms have been amended and show the relevant date at the head of these Terms.

Subject to the following paragraph, every time you order from Abbott products, the Terms in force at the time of your order will apply to the contract between you and Abbott.

If Abbott has to revise these Terms as they apply to your order, Abbott will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Abbott products or just the Abbott products you have yet to receive. If you opt to cancel, you will have to return (at Abbott’s cost) any relevant Abbott products you have already received and Abbott will arrange a full refund of the price you have paid, including standard delivery charges.

If these Terms are amended and you currently have a direct debit arranged for the purchase of Abbott products, you will be informed of the change to the Terms.

 

7. Language of Terms and Contract

These Terms and any contract are in English only.

 

8. Contact Details - Abbott Diabetes Care

To contact the Abbott Customer Careline, please call:

Customer Services Department on 0800 1701177 or visit the contact section on our website; www.freestyle.abbott/uk-en/support/contact.html

 

9. Use of Images

Images of the Reader and Sensor are for illustrative purposes only. The Reader and Sensors that you receive may vary from those images.

System Requirements

LibreView

LibreView is intended for use by individuals and healthcare professionals to aid in the review, analysis, and evaluation of information such as Sensor glucose readings, blood glucose test results, blood ketone test results, and other data uploaded from the FreeStyle Libre System, in support of an effective diabetes health management program.

LibreView is not intended for the diagnosis of or screening for diabetes mellitus. Users should be aware that LibreView is merely an information management tool and it is therefore not intended to substitute for the support of a healthcare professional.

Individuals should always consult their healthcare professional if they have any queries or concerns about diabetes management.

The minimum system configuration required to use LibreView as a data viewer is: Windows 8.1 or Windows 10 Anniversary update (and higher)

•  Display resolution of 1024 x 768 pixels or greater.

•  The latest version of Google Chrome, Mozilla Firefox or Microsoft Edge

•  1 Ghz processor (dual/multi-core recommended)

•  2 GB RAM

•  Internet connection with 0.5 Mbps download speed

Mac OS X Yosemite (10.10) or higher

•  Display resolution of 1024 x 768 pixels or greater

•  The latest version of Safari (Mac OS X Yosemite 10.10 or higher) or Google Chrome

•  1 Ghz processor (dual/multi-core recommended)

•  2 GB RAM

•  Internet connection with 0.5 Mbps download speed

We recommend always using the most up-to-date version of your browser when using LibreView.

In order to upload data, you must install the LibreView Device Drivers (LDD) when prompted. Uploading data requires the following additional system specifications:

Windows LDD 3.2.0 and higher

•  Windows 8.1 or Windows 10 April 2018 update (and higher)

•  Will install if not present .Net Framework 4.7.2 and Microsoft Visual C++ 2017 Redistributable (x86)

•  8 GB+ RAM and 200 MB free disk space

•  Internet connection with 1 Mbps upload speed

•  Local Administrator account

Mac LDD 1.2.0

•  Mac OS X Yosemite (10.10) or higher

•  8 GB+ RAM and 200 MB free disk space

•  Internet connection with 1 Mbps upload speed

•  Local Administrator account

 

10. Information Available on this Website

The information and content provided through the Purchase Channels does not constitute medical advice. You should consult your healthcare professional for advice before you make any decisions relating to your treatment or care.

Abbott disclaims to the maximum extent permitted by law all liability for any loss or damage suffered by you or any person, be it directly or indirectly as a result of or in connection with your use of www.freestyle.abbott/uk-en or any treatment or care decisions that you make. However, Abbott does not exclude or limit its liability for death or personal injury resulting from Abbott’s negligence (see paragraph 23 (Liability) below).

 

11. Product Availability

The purchase of Sensors and/or Reader(s) through the Purchase Channels is subject to availability. Abbott will inform you as soon as possible if the Abbott product you have ordered is not available and Abbott will not process your order. If you have already paid for Sensors and/or Reader(s), you will be refunded in full if your order cannot be fulfilled. Abbott reserves the right to impose ordering restrictions on the number of Abbott products that can be ordered and the interval at which these Abbott products can be ordered.

 

12.   Restrictions

The FreeStyle Libre 2 Sensor and FreeStyle Libre 3 Sensor, when used with a compatible device, is indicated for measuring interstitial fluid glucose levels in people (age 4 and older) with diabetes mellitus, including pregnant women. The indication for children (age 4 - 12) is limited to those who are supervised by a caregiver who is at least 18 years of age. A caregiver at least 18 years old is responsible for supervising, managing, and assisting the child in using the FreeStyle Libre System and interpreting its readings.

The FreeStyle Libre 2 System and FreeStyle Libre 3 System has not been evaluated for use in persons on dialysis, people less than 4 years of age or when used with other implanted medical devices, such as pacemakers.

The FreeStyle Libre 2 Plus Sensor, when used with a compatible device, is indicated for measuring interstitial fluid glucose levels in people (age 2 and older) with diabetes mellitus, including pregnant women. The indication for children (age 2 – 12) is limited to those who are supervised by a caregiver who is at least 18 years of age. A caregiver at least 18 years old is responsible for supervising, managing, and assisting the child in using the FreeStyle Libre System and interpreting its readings.

The FreeStyle Libre 2 Plus System has not been evaluated for use in persons on dialysis, people less than 2 years of age or when used with other implanted medical devices, such as pacemakers.

The Sensor and compatible device are designed to replace blood glucose testing in the self-management of diabetes, including dosing of insulin.

The DVLA (Driver and Vehicle Licensing Agency) requires all drivers to monitor their glucose levels.

In February 2019, the DVLA updated their regulations to include Group 1 drivers to use Flash Glucose Monitoring systems and real-time Continuous Glucose Monitoring systems for the purposes of driving. Drivers must not actively use their glucose monitoring system whilst driving a vehicle, instead they must pull over in a safe location before checking their device. Drivers using the FreeStyle Libre System must get a confirmatory finger prick glucose level in the following circumstances:

·                If their glucose level is 4.0mmol/L or below.

·                If they have symptoms of hypoglycaemia.

·                If their glucose monitoring system gives a reading that is not consistent with their symptoms.

·                If they are aware that they have become hypoglycaemic or have indication of impending hypoglycaemia.

·                During times of rapidly changing glucose levels

Group 2 drivers must continue to use finger prick testing for the purposes of driving. Flash Glucose. Monitoring systems and real-time Continuous Glucose Monitoring systems are not legally permitted for the purposes of Group 2 driving.

For the most up to date requirements and full details of self-monitoring requirements, please contact the DVLA directly or visit their website.

The Reader incorporates a built-in blood glucose meter which can be used with FreeStyle Optium Blood Glucose Test Strips.

 

13. Money Back Guarantee

Please read these Terms before making a purchase of a FreeStyle Libre starter kit. In addition to your legal rights, the purchase of your initial FreeStyle Libre starter kit through www.freestyle.abbott/uk-en is backed by a thirty (30) day money back guarantee. If you change your mind about your purchase or come to the view that the FreeStyle Libre is not for you, then please return it within thirty (30) calendar days of receipt. To return your purchase, please call the Customer Careline within thirty (30) days of receiving the product. Please be aware that you are responsible for the cost of any returns. Abbott will refund the product price however; delivery charges will not be refunded unless you cancel within fourteen (14) days and in accordance with these Terms. The cost of the FreeStyle Libre starter kit will be refunded to you within fourteen (14) working days using the method that you used to pay for the purchase.

This thirty (30) day money back guarantee only applies to the first purchase of the FreeStyle Libre starter kit.

 

14. Legal Rights

Abbott is required by law to ensure that Abbott products ordered from Abbott comply with the Terms of Abbott’s contract with you. In particular, any Abbott products that Abbott supplies to you must correspond with any relevant description included on the Abbott website, must be of satisfactory quality and must be fit for their intended purpose as described by Abbott.

 

15. Delivery

Your purchases and replacement Sensors and/or Reader(s) will be delivered to you as soon as possible and in any event within thirty (30) calendar days of Abbott accepting your order. Once your order is ready to be shipped, you will receive a dispatch email from Abbott. All delivery times specified in the Purchase Channels are estimates only and are not guaranteed.

The Sensors and/or Reader(s) will be delivered to you by a courier engaged by Abbott and can only be shipped to a UK or an Isle of Man address.

You are responsible for the Sensors and/or Reader(s) when they are delivered to you. If you are not available when your order is delivered, your order will be returned to

Abbott and you will receive a notification that your order could not be delivered. Where

an order cannot be delivered and is returned to Abbott’s warehouse, Abbott will apply a refund to your account.

Abbott will deliver directly to the UK or Isle of Man address specified in your order. Abbott is unable to deliver the same order to multiple addresses or amend the delivery address once dispatched.

 

16. Prices

The prices of the Sensors and/or Reader(s) will be as described through the relevant Purchase Channel from time to time. Abbott will take reasonable care to ensure that the Abbott product prices are correct at the time an order is placed.

Prices for the Sensors and/or Reader(s) may change from time to time. Price changes will not affect any order which has been accepted by Abbott as set out above.

The Sensors and/or Reader(s) price includes VAT at the applicable rate in the UK as may be amended from time to time. If you have a long-term illness such as diabetes or you are disabled, you might not have to pay VAT on certain goods and services that you buy from Abbott. VAT exemption may be only claimed at the time of purchase only.

The price of the Sensors and/or Reader(s) does not include delivery charges to you. You will be informed of the delivery charges when you make your purchase through the Purchase Channel.

Delivery charges will be added to the total amount due.

Incorrect Prices:

If you are charged an incorrect price, then either:

(a)  where the Abbott product’s correct price is less than the price stated through the Purchase Channel, you will be charged the lower amount prior to the Abbott product being dispatched to you; or

(b) where the Abbott product’s price is higher than the price stated through the Purchase Channel, Abbott will contact you by the method that you have indicated you prefer in accordance with the Privacy Policy in order for you to confirm that you either wish to proceed with the purchase or cancel the purchase. If Abbott is unable to contact you, your order will be cancelled, and you will be notified in writing.

Abbott will refund you using the same means as you used for the transaction. If you paid by card, then you will be reimbursed on the credit card or debit card used by you to pay.

Special Offers:

From time to time, Abbott may make special offers available through the Purchase Channels. Abbott will provide the terms of any special offers at the time of purchase. Any such terms incorporate these Terms in full. In the event of any conflict between these Terms and any special offers, these Terms shall prevail.

 

17. Payment Method

Abbott accepts most major credit cards for payment. The accepted methods of payment are displayed on the Abbott website.

Payment for your order and all applicable delivery charges is in advance of receiving the Abbott products. You will be charged for the Sensors/Reader(s) that you are purchasing when your order is dispatched to you by Abbott. The Sensors and/or Reader(s) will be owned by you when your payment has been processed in full.

You confirm that you own the credit/debit card that is being used to make your purchase.

All credit and debit card holders are subject to validation checks and authorisation by Abbott. If Abbott believes that the card used to pay for your order is being used fraudulently, this will be reported to the relevant authorities and all orders cancelled. For more information about how Abbott treats personal data, please refer to the Privacy Policy set out here. www.freestyle.abbott/uk-en/legal/privacy-policy.html

If your card issuer refuses to authorise payment for your order, Abbott will be unable to dispatch the Sensors and/or Reader(s) to you and Abbott will not be responsible for any delay or non-delivery. Abbott will not be informed of the reason for refusal and therefore, is unable to inform you of the reason that your card issuer has refused payment.

Abbott is not responsible for any card or bank charges issued by your card issuer as a result of processing payment for your order.

Your account will record that payment has been taken by Abbott Laboratories Limited. You will be notified each time that a payment is taken.

 

18. Cancellation and Refunds

Subject to the exceptions set out below, you have the right to cancel the contract for the purchase of Abbott products at any time up to fourteen (14) days after the day on which you receive your order. If you place an order for several products and they are delivered separately, then your fourteen (14) days will start the day after you receive the last product on your order.

You can cancel the contract by sending a clear statement such as a letter sent by post or email to Abbott. For example, you can send the cancellation form available here to Abbott Diabetes Care, Abbott Laboratories Limited, Abbott House, Vanwall Business Park, Vanwall Road, Maidenhead, Berkshire SL6 4XE (but this is not compulsory). You may also call the Abbott Customer Careline on 0800 170 1177.

If you decide to cancel the contract, you should keep a record of the cancellation information that you provided to Abbott.

Cancellation Prior to Delivery

If you change your mind about your purchase and decide to cancel the contract prior to the Sensors and/or Reader(s) being delivered, you should notify Abbott, as stated in paragraph 19 (Cancellation and Refunds), immediately and reject any orders dispatched.

If you wish to cancel the contract in these circumstances, it is preferable that you call the Abbott Careline on 0800 170 1177.

Refunds after Delivery

(a)  Unopened Sensors and Readers and Opened Outer Packaging.

If you decide that you do not wish to keep the unopened Sensors and/or Reader(s) that you ordered or if only the delivery packaging of the Sensors has been opened, you are entitled to cancel the contract without giving any reason within fourteen (14) days from which you acquire, or a third party other than the carrier and indicated by you acquired, physical possession of the Abbott products subject to the conditions set out here.

Unopened Sensors and Readers must have their tamper seals intact.

If you cancel this contract in these circumstances, Abbott will reimburse to you all payments received from you, including the cost of delivery of the Abbott products to you once the items have been returned. You are responsible for delivery costs that are above the standard delivery option and for the cost of returning the Abbott products.

If you wish to return the Abbott products within the specified timeframe, please contact the Abbott Customer Careline on 0800 170 1177, who will be able to advise you on how to return items to Abbott.

You will lose the right to a refund if any packaging that is required for hygiene reasons has been removed and/or tampered with.

(b) Unused Opened Sensors

In the event that you open an individual Sensor package, Abbott is unable to accept the Sensor for return for safety and hygiene reasons. You should dispose of the Sensor according to the instructions included in the package.

Abbott is unable to offer any refund with respect to Sensors that have been opened.

(c)  Unused Opened Reader

In the event that you open the Reader, Abbott is unable to accept the Reader for return for safety and hygiene reasons. You should dispose of the Reader according to the user instructions.

Abbott is unable to offer a refund in respect of any reader that has been opened.

Cancellation Timeframe

To meet the cancellation deadline of fourteen (14) days after your order has been delivered to you, it is sufficient for you to send a clear statement such as a letter sent by post or email to Abbott (for example, by sending the form accessible

here www.freestyle.abbott/uk-en/support/contact.html, or to call the Abbott Customer Careline before the cancellation period has expired.

Processing Refunds

If you are entitled to a refund, Abbott will process the refund as soon as possible and in any case within fourteen (14) calendar days from the date Abbott receive the Abbott product(s) back from you, or (if earlier) fourteen (14) days after the day that you provide evidence that you have returned the Abbott product(s), or if the Abbott product(s) were not delivered to you, within fourteen (14) days after the day on which Abbott was informed that you wish to cancel the contract. Abbott will refund you using the same means as you used for the transaction. If you paid by card then you will be reimbursed on the credit card or debit card used by you to pay.

Abbott reserves the right to refuse to issue a refund or replacement Abbott product and to recover the cost of the return delivery from you in the event that the Abbott product is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear.

 

19. FreeStyle Libre Products Sensors

Sensors are designed to be worn for a maximum wear period. If during that  maximum wear period it becomes clear that your Sensor is not fit for its intended purpose and develops a fault, you are entitled to:

(a)  reject the faulty Sensor that you have received and receive a refund; or

(b) require Abbott to replace the faulty Sensor free of charge (provided that this does not impose a disproportionate cost on Abbott compared to your right to reject and receive a refund).

Abbott’s policy on replacing Sensors that are fit for their intended purpose and of satisfactory quality is set out in paragraph 21 (FreeStyle Libre Sensors – Duration of Sensor). You should contact the Abbott Customer Careline on 0800 170 1177 to report the issue before sending any products back. As products may be required back for investigation, you should not dispose of any items before contacting Abbott.

Readers

If during the expected lifespan of the Reader it becomes clear that your Reader is not fit for its intended purpose, is faulty and is not of satisfactory quality, you are entitled to the following:

(a)    Up to 30 (thirty) days - If the Reader is faulty, you can reject it and get a refund;

(b)    up to six (6) months - If the Reader can't be replaced, then you're entitled to a full refund in most cases; or

(c)    (c) up to six (6) years - If the Reader does not last a reasonable length of time you may be entitled to some money back

In the event that a Reader develops a fault within a period of two years (or three years if you have taken out an extended warranty as described at paragraph 22 (Abbott Product Warranty) below) from the date of delivery (other than due to normal wear and tear, failure to follow instructions or misuse) or is damaged while it is being delivered, Abbott will replace the Reader or offer you a refund.

Please contact the Abbott Customer Careline on 0800 170 1177 who will be able to advise you on how to return faulty Sensors and/or Readers to Abbott and obtain a replacement or refund. Abbott will refund you using the same means as you used for the transaction. If you paid by card, then you will be reimbursed on the credit card or debit card used by you to pay.

Abbott will not replace Readers or Sensors that have been damaged due to user-damage or misuse.

This is a summary of your key legal rights in relation to the Abbott products. Nothing in these Terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44(0)3454 04 05 06.

Readers and Sensors – Expiry dates

Readers do not have an expiry date.

Sensors have an expiry date printed on the packaging of each Sensor box. The Sensor must be applied to a user before the expiry date shown. It is not recommended to use Sensors that have expired.

Abbott will not replace Sensors that have not be used before their expiry date.

 

20. Sensors – Duration of Sensor

Sensors are designed to be worn for a maximum wear period. The wear time of a Sensor is dependent upon many factors, including, but not limited to your skin type and the activities that you undertake while wearing a Sensor. Sensors that have fallen off because of such factors are non-defective.

Your legal rights that apply if your Sensor is faulty are set out paragraph 15 (Legal Rights) above. In addition, in order to ensure that each customer has the best possible opportunity to assess whether the Sensor is a suitable product for them, it is Abbott’s policy that:

(a)  Where a customer reports that a Sensor has fallen off prior to the maximum wear period and requests a refund or a replacement Sensor, Abbott will contact and work with that customer to ensure that the Sensor was applied in accordance with the instructions set out in the User Manual;

(b) If your Sensor has fallen off within the first seven (7) days Abbott will replace the Sensor free of charge or offer a refund;

(c)  Abbott will replace a maximum of three (3) non-defective Sensors free of charge. After receipt of your third replacement Sensor, your entitlement to replacements will reset after ninety (90) calendar days –this provision is in relation to Sensors which are not defective;

(d) If after the third replacement sensor, you are still experiencing difficulty and Sensors do not last for the maximum wear period, Abbott will be unable to replace any further Sensors or to provide any refunds; and

(e)  If you are unable to wear a Sensor for the maximum wear period, you may decide that the FreeStyle Libre System is not the appropriate product for you.

In order to receive a replacement Sensor which may be due to you, you should contact the Abbott Customer Careline, 0800 170 1177, on the day that the Sensor falls off, and you should keep the displaced sensor and follow the instructions of the Abbott Careline representative.

Abbott will not replace any Sensors that have been damaged or have fallen off due to user-damage.

 

21. Abbott Product Warranty

The Reader is sold with a two (2) year warranty and will be replaced by Abbott if it develops a fault (other than due to normal wear and tear, failure to follow instructions user error or misuse) during this two (2) year period. In the alternative, you may notify Abbott that you wish to receive a refund of the purchase price and delivery costs.

If you agree to provide Abbott with your contact details, you will receive an additional one (1) year’s warranty on the Reader.

 

22. Liability

Abbott does not exclude or limit in any way its liability for:

(a)  Death or personal injury caused by Abbott’s negligence;

(b) Fraud or fraudulent misrepresentation;

(c)  Breach of the terms implied by the Sale of Goods Act 1979 (as amended); or

(d) Defective products under the Consumer Rights Act 2015.

To the extent permissible by law, Abbott excludes its liability for all other matters.

Abbott is not liable to you where performance of any obligations is prevented or restricted by any circumstance or cause beyond Abbott’s reasonable control.

You are responsible for the ways in which you use the Sensors and Readers and Abbott does not accept any liability in this regard.

Abbott limits its liability in respect of any sums paid and/or payable for any damage caused to any of your devices or digital content by an Abbott product to the sum of

£1,000 for all claims over the life of the contract.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available is owned at all times by Abbott.

 

23. Communications

If you would like to contact Abbott, please contact:

Abbott Customer Careline +44(0) 800 170 1177

Contact section on our website; www.freestyle.abbott/uk-en/support/contact.html or our website www.freestyle.abbott/uk-en.

Post: Abbott Diabetes Care, Customer Service Department (82), Maidenhead, Berkshire, SL6 4UD

 

24. Transfer of Contract

Any contract for the purchase of Abbott products made through the Purchase Channels is between Abbott and you. No other person shall have any rights to enforce any of its Terms. If you have purchased an Abbott product as a gift, the recipient of the gift will be entitled to the benefit of the warranty set out in these Terms.

Abbott may transfer its rights and obligations under the contract to another organisation. This will not affect your rights or Abbott’s obligations under these Terms.

All other transfers of rights and obligations must be agreed with Abbott in writing prior to the transfer taking place.

 

25. Interpretation of these Terms

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, that paragraph or part-paragraph shall, to the extent required, be deemed not to form part of the contract, the remaining paragraphs will remain in full force and effect.

 

26. Delay in Enforcement

If Abbott fails to insist that you perform any of your obligations under these Terms or is delayed in enforcing the Terms, this should not be interpreted as a waiver of the rights of Abbott under these Terms. You are still required to comply with these Terms irrespective of Abbott’s enforcement or otherwise. A default by you will only be waived if it is in writing, signed by Abbott.

 

27. Governing Law

These Terms (and formation, construction, performance and validity of the contract) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of England. You can bring legal proceedings in respect of the Abbott products in the English courts. If you are a consumer and:

a)  live in Scotland you can bring legal proceedings in respect of the Abbott products in either the Scottish or the English courts; or

b)  live in Northern Ireland you can bring legal proceedings in respect of the Abbott products in either the Northern Ireland or the English courts.

 

28. Dispute Resolution

Abbott Customer Careline 0800 170 1177

Email: ADCHelpUK@abbott.com Subject; FreeStyle Libre Complaint

Post: Abbott Diabetes Care, Customer Service Complaints (82), FREEPOST RRBS-BLAA- SEHT, Maidenhead, Berkshire, SL6 4UD

If you are unhappy about the way that Abbott has handled a complaint, you may wish to use the European Online Dispute Resolution Platform to further discuss your complaint with Abbott. The Online Platform can be found

here: http://ec.europa.eu/consumers/odr/.

We are not willing or obligated to participate in dispute resolution procedures.

 

29. Filing

Abbott will not file a copy of this contract.

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